CS/HB 779

1	A bill to be entitled
2	An act relating to the restraint of incarcerated pregnant
3	women; providing a short title; defining terms;
4	prohibiting use of restraints on a prisoner known to be
5	pregnant during labor, delivery, and postpartum recovery
6	unless a corrections official makes an individualized
7	determination that the prisoner presents an extraordinary
8	circumstance requiring restraints; providing that a
9	doctor, nurse, or other health care professional treating
10	the prisoner may request that restraints not be used, in
11	which case the corrections officer or other official
12	accompanying the prisoner shall remove all restraints;
13	requiring that any restraint applied must be done in the
14	least restrictive manner necessary; requiring the
15	corrections official to make written findings within 10
16	days as to the extraordinary circumstance that dictated
17	the use of restraints; restricting the use of waist,
18	wrist, or leg and ankle restraints during the third
19	trimester of pregnancy or when requested by a doctor,
20	nurse, or other health care professional treating the
21	prisoner; providing that the use of restraints at any time
22	after it is known that a prisoner is pregnant must be by
23	the least restrictive manner necessary in order to
24	mitigate the possibility of adverse clinical consequences;
25	requiring that the findings be kept on file by the
26	correctional institution or detention facility for at
27	least 5 years and be made available for public inspection
28	under certain circumstances; authorizing any woman who is
29	restrained in violation of the act to file a grievance
30	within a specified period; providing that these remedies
31	do not prevent a woman harmed from filing a complaint
32	under any other relevant provision of federal or state
33	law; directing the Department of Corrections and the
34	Department of Juvenile Justice to adopt rules; requiring
35	correctional institutions and detention facilities to
36	inform female prisoners of the rules upon admission,
37	include the policies and practices in the prisoner
38	handbook, and post the policies and practices in the
39	correctional institution or detention facility; requiring
40	the Secretary of Corrections, the Secretary of Juvenile
41	Justice, and county and municipal corrections officials to
42	annually file written reports with the Executive Office of
43	the Governor detailing each incident of restraint in
44	violation of law or as an authorized exception; providing
45	an effective date.
46
47	WHEREAS, restraining a pregnant prisoner can pose undue
48	health risks and increase the potential for physical harm to the
49	woman and her pregnancy, and
50	WHEREAS, the vast majority of female prisoners in this
51	state are nonviolent offenders, and
52	WHEREAS, the impact of such harm to a pregnant woman can
53	negatively affect her pregnancy, and
54	WHEREAS, freedom from physical restraints is especially
55	critical during labor, delivery, and postpartum recovery after
56	delivery as women often need to move around during labor and
57	recovery, including moving their legs as part of the birthing
58	process, and
59	WHEREAS, restraints on a pregnant woman can interfere with
60	the medical staff's ability to appropriately assist in
61	childbirth or to conduct sudden emergency procedures, and
62	WHEREAS, the Federal Bureau of Prisons, the United States
63	Marshals Service, the American Correctional Association, the
64	American College of Obstetricians and Gynecologists, and the
65	American Public Health Association all oppose restraining women
66	during labor, delivery, and postpartum recovery because it is
67	unnecessary and dangerous to a woman's health and well-being,
68	NOW, THEREFORE,
69
70	Be It Enacted by the Legislature of the State of Florida:
71
72	Section 1.  Shackling of incarcerated pregnant women.-
73	(1)  SHORT TITLE.-This section may be cited as the "Healthy
74	Pregnancies for Incarcerated Women Act."
75	(2)  DEFINITIONS.-As used in this section, the term:
76	(a)  "Correctional institution" means any facility under
77	the authority of the department or the Department of Juvenile
78	Justice, a county or municipal detention facility, or a
79	detention facility operated by a private entity.
80	(b)  "Corrections official" means the official who is
81	responsible for oversight of a correctional institution, or his
82	or her designee.
83	(c)  "Department" means the Department of Corrections.
84	(d)  "Extraordinary circumstance" means a substantial
85	flight risk or some other extraordinary medical or security
86	circumstance that dictates restraints be used to ensure the
87	safety and security of the prisoner, the staff of the
88	correctional institution or medical facility, other prisoners,
89	or the public.
90	(e)  "Labor" means the period of time before a birth during
91	which contractions are of sufficient frequency, intensity, and
92	duration to bring about effacement and progressive dilation of
93	the cervix.
94	(f)  "Postpartum recovery" means, as determined by her
95	physician, the period immediately following delivery, including
96	the recovery period when a woman is in the hospital or infirmary
97	following birth.
98	(g)  "Prisoner" means any person incarcerated or detained
99	in any correctional institution who is accused of, convicted of,
100	sentenced for, or adjudicated delinquent for a violation of
101	criminal law or the terms and conditions of parole, probation,
102	community control, pretrial release, or a diversionary program.
103	For purposes of this section, the term includes any woman
104	detained under the immigration laws of the United States at any
105	correctional institution.
106	(h)  "Restraints" means any physical restraint or
107	mechanical device used to control the movement of a prisoner's
108	body or limbs, including, but not limited to, flex cuffs, soft
109	restraints, hard metal handcuffs, a black box, chubb cuffs, leg
110	irons, belly chains, a security or tether chain, or a convex
111	shield.
112	(3)  RESTRAINT OF PRISONERS.-
113	(a)  Restraints may not be used on a prisoner who is known
114	to be pregnant during labor, delivery, and postpartum recovery,
115	unless the corrections official makes an individualized
116	determination that the prisoner presents an extraordinary
117	circumstance, except that:
118	1.  If the doctor, nurse, or other health care professional
119	treating the prisoner requests that restraints not be used, the
120	corrections officer, correctional institution employee, or other
121	officer accompanying the pregnant prisoner shall remove all
122	restraints; and
123	2.  Under no circumstances shall leg, ankle, or waist
124	restraints be used on any pregnant prisoner who is in labor or
125	delivery.
126	(b)  If restraints are used on a pregnant prisoner pursuant
127	to paragraph (a):
128	1.  The type of restraint applied and the application of
129	the restraint must be done in the least restrictive manner
130	necessary; and
131	2.  The corrections official shall make written findings
132	within 10 days after the use of restraints as to the
133	extraordinary circumstance that dictated the use of the
134	restraints. These findings shall be kept on file by the
135	correctional institution for at least 5 years and be made
136	available for public inspection, except that the identifying
137	information of a prisoner may not be made public without the
138	prisoner's prior written consent.
139	(c)  During the third trimester of pregnancy, or when
140	requested by the doctor, nurse, or other health care
141	professional treating the pregnant prisoner:
142	1.  Waist restraints that directly constrict the area of
143	pregnancy may not be used;
144	2.  If wrist restraints are used, they must be applied in
145	such a way that the pregnant prisoner is able to protect herself
146	in the event of a forward fall; and
147	3.  Leg and ankle restraints that restrain the legs close
148	together may not be used when the prisoner is required to walk
149	or stand.
150	4.  Use of leg, ankle, or waist restraints is subject to
151	the provisions of subparagraph (a)2.
152	(d)  In addition to the specific requirements of paragraphs
153	(a)-(c), any restraint of a prisoner who is known to be pregnant
154	must be done in the least restrictive manner necessary in order
155	to mitigate the possibility of adverse clinical consequences.
156	(4)  ENFORCEMENT.-
157	(a)  Notwithstanding any relief or claims afforded by
158	federal or state law, any prisoner who is restrained in
159	violation of this section may file a grievance with the
160	correctional institution within 1 year after the incident.
161	(b)  This section does not prevent a woman harmed under
162	this section from filing a complaint under any other relevant
163	provision of federal or state law.
164	(5)  NOTICE TO PRISONERS.-
165	(a)  By September 1, 2011, the department and the
166	Department of Juvenile Justice shall adopt rules pursuant to ss.
167	120.536(1) and 120.54, Florida Statutes, to administer this
168	section.
169	(b)  Each correctional institution shall inform female
170	prisoners of the rules developed pursuant to paragraph (a) upon
171	admission to the correctional institution, including the
172	policies and practices in the prisoner handbook, and post the
173	policies and practices in locations in the correctional
174	institution where such notices are commonly posted and will be
175	seen by female prisoners, including common housing areas and
176	medical care facilities.
177	(6)  ANNUAL REPORT.-By June 30 of each year, the Secretary
178	of Corrections, the Secretary of Juvenile Justice, and the
179	corrections official of each municipal and county detention
180	facility where a pregnant prisoner has been restrained pursuant
181	to paragraph (3)(a), or in violation of subsection (3), during
182	the previous year shall submit a written report to the Executive
183	Office of the Governor which includes an account of every such
184	instance. The written reports may not contain identifying
185	information of any prisoner. Such reports shall be made
186	available for public inspection.
187	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.